Terms of Service

The boring legal stuff.

Please read these Terms carefully. By using Postary or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Postary (“Postary” or the “Service”) is a postal mail service offered through the URL www.postary.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage post campaigns (each message is called a “Postcard”) to individual recipients. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy and Brand Guidelines) define the terms and conditions under which you’re allowed to use Postary, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

Account

Term

The Term begins when you sign up for Postary and continues as long as you use the Service. Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for Postary on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Postary. We may change the Website, the Service, or any features of the Service at any time.

Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Account disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

Rights

Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Postary (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Postcards. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

Rights to review campaigns

We may view, copy, and internally distribute content from your campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.

Rules and abuse

You promise to follow these rules:

You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.

You won’t use purchased, rented, or third-party lists of addresses.

You won’t violate our Acceptable Use Policy, which is part of this Agreement.

Postary does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send a mail campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgement could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.

Liability

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before

We do not accept any liability whatsoever for any consequential or special loss, including but
not limited to;

Loss of profits – i.e. the profits you would have made had we not made an error

Loss of sales or business – i.e. the value of sales you would have made had we not made an error

Loss of contracts – i.e. any contract you have with other companies that are terminated as a result of our error

Loss of anticipated savings – i.e. any savings that you expected to make but did not as a result of our error

Loss of goodwill – i.e. damage to your brand or reputation or to the way that other businesses perceive you

Any liability we do incur shall be for direct financial loss only.

We do not accept any liability whatsoever for the late delivery of items where such late delivery is caused by delays in Royal Mail’s network.

No warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Postary for a variety of reasons, we can’t guarantee that it will meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Equitable relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

Amendments and waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Postary’s policies.